IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.9906 OF 2019 (S-TR) BETWEEN:
SMT.KAMPALAMMA W/O.N.B.DEVENDRAPPA AGED ABOUT 48 YEARS R/AT MEGHASURYANARAYANA LAYOUT MARENAHALLI ROAD, JAGALUR DAVANAGERE DISTRICT-577 528 … PETITIONER (BY SRI.KASINAGALINGAM RAVISHANKAR K., ADV.) AND:
1. THE STATE OF KARNATAKA REPTD. BY THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISWESHWARAIAH TOWER DR.B.R.AMBEDKAR ROAD BENGALURU-560 001 2. THE DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGALORE-560 001 REP. BY ITS UNDER SECRETARY 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 001 4. SRI.RAJU D.BANAKAR MAJOR, REVENUE INSPECTOR MUNICIPALITY HARAPANAHALLI DAVANAGERE DISTRICT-583 131 ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA FOR R-1 TO R-3 SRI.A.HANUMANTHAOOA, ADV. FOR R-4 SMT.MANJULA D., FOR SRI.L.SRINIVASA BABU (NOC) ADV. FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 22.02.2019 AT ANNEXURE-C PASSED BY THE R-2 AS THE SAME IS ILLEGAL, ARBITRARY AND CONTRACT TO THE TRANSFER GUIDELINES AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is in the cadre of Chief Officer in the Municipalities. He has questioned the validity of transfer. Post of Chief Officer in the Karnataka Municipal Administrative Service is governed by the relevant Rules under Article 309 of the Constitution of India. Thus, the post held by the petitioner is a civil post. She has a remedy before the State Administrative Tribunal at the first instance in view of the decision of the Hon’ble Supreme Court in the case of L.Chandra Kumar Vs. Union of India reported in (1997) 3 SCC 261. Accordingly, writ petition is dismissed reserving liberty to the petitioner to approach the appropriate Forum.
Interim order granted on 05.3.2019 stands vacated.
Sd/- JUDGE BS